State v. Butler

Summary

The concurrence agrees that the trial court lacked authority to grant the state's motion to open the dismissed criminal case, but rejects the majority's conclusion that the legislature eliminated the courts' inherent common-law authority to open, correct, or modify criminal judgments. It would preserve that authority and develop a rule based on notice and the twenty-day appeal period, while affirming because the state gave the defendant no notice that the dismissal might be challenged. Justice D'Auria therefore concurs in the judgment but disagrees with the majority's jurisdictional rationale.